Birth Injury Lawsuits Cased by Delivery Room Mistakes
A Birth injury lawsuit is most commonly caused by a doctor or nurse’s negligence. There are few things in life more devastating to a parent than an injury to their child. This is true whether they are still in the womb or collecting social security. Parents count on their OB/GYN’s, midwives, nurses, physician’s assistants, lab technicians and other highly trained medical professionals to use the proper standard of care, but sometimes they make mistakes that cause birth injuries. Birth injuries can cause lifelong complications that require expensive round the clock care that makes it difficult for both parents to work and pay for the care the child needs. If your child is suffering from a birth injury that could have been prevented, you should immediately contact an experienced birth injury medical malpractice attorney that can commence an investigation to determine whether you’re entitled to compensation. Call (800) 767-8040 for a free consultation.
Understanding a Birth Injury Lawsuit
Birth injuries are caused by trauma or an untreated illness that occurs during pregnancy, childbirth or soon after delivery. Some injuries are minor such as cuts, bruises or minor fractures that heal quickly, but other types of birth injuries can cause lifelong disabilities. Some birth injuries cannot be prevented even when medical professionals have done everything right, but when birth injuries are caused by the negligence of medical professions, the family is entitled to collection compensation for their child’s medical care, pain, suffering and mental anguish. Birth injuries become actionable claims when medical professionals fail to perform proper prenatal tests, properly monitor prenatal conditions, fail toschedule c-sections when natural birth becomes too high risk, prescribe the wrong medications, use the wrong equipment or cause trauma by using poor delivery or surgical techniques. When mistakes cause serious harm, medical professionals and hospitals try to cover their tracks, so it’s important to promptly contact an experienced New York City birth injury medical malpractice attorney that can start an investigation right away.
Common Birth Injuries Caused by Medical Malpractice
There are many different types of birth injury lawsuits ranging from mild to catastrophic. A Birth injury lawsuit normally occurs due to a doctor’s malpractice. These are some of the more serious types of birth injuries that can sometimes cause lifelong disability:
- Erb’s Palsy, also known as Erb-Duchenne Palsey or brachial plexus birth palsy, is caused by damage to the nerves around the time a child is born. It’s caused by doctors, nurses, midwives that pull a baby too hard during delivery, causing damage to the nerves that send signals from the spine to the shoulders, arms and hands. The condition that results causes the difficulty in using the limb that’s been affected and the condition can become permanent depending on the severity of the trauma. These are the levels of severity for Erb’s Syndrome:
- Neurapraxia: The nerve is stretched, but not torn;
- Neuroma: Stretch injury that causes scar tissue to form;
- Rupture: Nerve is torn, but not separated from spinal cord and
- Avulsion: The nerve root is torn away from the spinal cord.
- Brain Damage: Some types of birth injuries can lead to temporary or permanent brain damage caused by pressure on the infant’s brain due to a delayed or prolonged birth lasting over eighteen hours, oxygen deprivation caused by a prolapsed umbilical cord, underdeveloped lungs or trauma. There are four types of brain damage caused by trauma before, during and after childbirth:
- Hypoxic Ischemic Encephhalopathy (HIE): Decreased oxygen levels in the blood leads to deterioration of the brain cells and tissue in the motor cortex, leading to cerebral palsy and periventricular leukomalacia.
- Periventricular Leukomalacia (PVL): Lack of blood flow in the periventricular part of the brain causes white matter in the brain to die, resulting in lost brain tissue. It’s often caused by placental failure or infection and can impact the brain’s ability to learn and function.
- Intracranial hemorrhage: High maternal blood pressure, placental complications and infections of the reproductive system can lead to intracranial hemorrhage (bleeding of the brain.) It can also be caused by a fetal stroke from damaged or blocked blood vessels.
- Cerebral Dysgenesis: This type of abnormal development of the fetal brain can be caused by infections during pregnancy, genetics and trauma shortly after delivery.
- Fractures: The most common type are fractures to the collarbone or clavicle from difficult deliveries due to breech presentation or problems with delivering the child’s shoulder. Skull fractures are less common, but can cause serious damage to the vulnerable brains of infants. They are usually caused by the use of instruments such as forceps during birth.
Distinguishing birth injuries that were unavoidable from injuries caused by negligence requires a prompt and thorough investigation by an experienced New York City birth injury medical malpractice attorney before the doctors and hospitals have a chance to cover their tracks. Call (212) 203-9330 for a free consultation.
Damages for Birth Injury Lawsuits
The cost of treating severe disabilities caused by birth injuries can be astronomical and access to state of the art care can make a huge difference for your child’s future. If your child’s injury was caused by negligence, you’re entitled to compensation for both economic and non economic damages from the responsible parties. Economic damages include:
- Medical costs such as doctors, hospitals, physical therapy, occupational therapy and rehabilitation;
- Psychiatrists, psychologists and special education;
- Residential, custodial and in-home care;
- Accommodations to your home;
- Prosthetics, devices and special facilities and
- Lost earnings for your child from age 18-65.
In addition to these quantifiable costs, you can also collect compensation for your child’s pain, suffering, mental anguish and loss of enjoyment of life.
Questions about a Birth Injury Lawsuit?
A child with birth injuries can require care for their entire life, including after their parents pass away. That’s why it’s important to investigate whether your child’s injuries could have been prevented and to make a claim for compensation from the responsible parties. If your child’s injuries were caused by the negligence of health care professionals, facilities or device manufacturers, you could be entitled to a large amount of compensation to benefit your child and improve their quality of life. It’s important to act quickly to ensure that evidence is preserved and deadlines are met. Call (800) 767-8040 for a free consultation about a birth injury lawuit.